A common thread runs through current Australian debates over laws for emissions trading and renewable energy. It is a preoccupation with “least cost” abatement, the notion that only policies with the lowest short-run economy wide cost should be implemented, regardless of other considerations. The orthodoxy in Australian climate law and policy places great emphasis on asserting the superiority of market mechanisms. Both extended price support for renewable energy sources and direct regulation of emissions are viewed with suspicion.

Such discussion prompts us to ask whether there may be a strengthening rationale for more direct and “regulatory” approaches to carbon pollution, justified by reference to an alternative evaluation criterion – that of dependability. Perhaps our attention has strayed too far from the environmental effectiveness and timeliness of laws and policies, by emphasizing their cost. On the basis of this and other considerations, this Chapter asks whether the Australian faith in market mechanisms, and the promise to deliver solutions “at least cost”, conceals dangers inherent in oversimplifying the complexities of converting an entire economy away from reliance upon fossil fuels.

This Chapter reviews the arguments concerning the retention of renewable energy support laws alongside an ETS. It then proceeds to ask which type of renewable energy law is likely to prove superior, and why. In Australian debates over renewable energy law and policy, the same emphasis on “least cost” has led to a federal law based on tradeable green energy certificates (Renewable Energy (Electricity) Act 2000 (Cth)). Elements that such quantity-based renewables law has in common with carbon emissions trading are noted. This Chapter then considers the alternative of a price-based renewable energy support mechanism, very widely adopted in Europe, known as “feed-in laws”. Along the way it explores evidence and arguments that might lead us to question assumptions and beliefs about the superiority of tradeable permits and tradeable renewable energy certificates.

Although the Chapter touches upon the interactions between ETS’ and renewable energy laws, its core intention is to explore and investigate the implications of placing primacy on the objective of least cost abatement. Arising from that discussion some suggestions are made about the reasons for opposition to the alternative model of feed-in laws.

International aviation is growing rapidly, resulting in rising aviation greenhouse gas emissions. Concerns about the growth trajectory of the industry and emissions have led to calls for market measures such as emissions trading and carbon levies to be introduced to restrict demand and prompt innovation. This paper provides an overview of the science on aviation's contribution to climate change, analyses the emission intensity improvements that are necessary to offset rising international demand. The findings suggest international aviation carbon dioxide emissions will increase by more than 110 per cent between 2005 and 2025 (from 416 Mt to between 876 and 1013 Mt) and that it is unlikely emissions could be stabilised at levels consistent with risk averse climate targets without restricting demand.

This article addresses some of the complex legal issues raised by the sustainable use of marine biological diversity in areas beyond national jurisdiction and the deficiencies in its existing legal protection. The importance ofsuch an undertaking was emphasised by the Conference of the Parties (COP) to the Convention on Biological Diversity (CBD) in its first meeting (COP I), through its selection of marine and coastal biological diversity as the first major ecosystem theme to be addressed as part of its medium-term programme of work. Realistically, effective conservation and sustainable use of marine biological diversity in areas solely or partially outside of national jurisdiction will require the further "cooperation" of all states. There are a number of alternative ways forward each with its advantages and disadvantages. Regardless of the alternative selected, a number of common and familiar legal issues will have to be faced and there are risks. Politically, it will be essentially to avoid the intractable problems that arose in connection with the negotiation of the normative regime intended to regulate the exploitation of mineral resources in the LOS Convention. Unworkable law is little better than no law.

Increased pressure to implement timely and effective responses to mitigate global warming - arising from the 4th Assessment Report of the IPCC - has underlined the importance of reviewing laws for the deployment of renewable energy (RE). Although debate in Australia has recently advanced towards adoption of more ambitious targets for RE generation, it has focussed largely on laws that create a market in renewable energy certificates (RECS). The Commonwealth mandatory renewable energy target legislation is discussed in light of commitments to expand it to reach a target of 20% of Australia's electricity by 2020. Recent European experience suggests that a commitment to this single strategy could limit the development of the RE industry.

This paper reviews the alternative of Feed-in Tariff (FIT) laws, which require utilities to purchase at a set price the electricity generated by RE generators. In Australia the option of FIT laws has been largely overlooked, with the exception of SA, and with some steps also taken in the ACT, Victoria and Queensland. Yet FIT laws have been adopted by preference in more than 41 jurisdictions overseas. The SA law and the ACT Bill are at threat from promises to "cut red tape" and bring State based targets within a single national scheme.

Review of the European experience suggests that FIT laws have been more effective than RECs laws in three respects: capacity deployment, industry development, and in some cases, price reductions. This suggests that FIT laws should be considered as potentially a more effective means to expand RE generation capacity in Australia.

Given present Federal proposals for the national harmonisation of renewable energy laws, review of the international literature about the comparative effectiveness of various legislative models is vital. State targets are likely to be replaced with a single Commonwealth renewable energy target.

Arguments concerning the compatibility of renewable energy laws with the operation of a national emissions trading system effective from 2010 are considered. It is concluded that RE legislation will be necessary until 2025, contingent on the effectiveness of the carbon trading legislation. Arguments running counter to the proposal by the PM's Task Group on Emissions Trading (2007), that all RE legislation be repealed at Commonwealth and State level are also examined.

Industrial renewal in the bio/nanopharma sector is important for the long term strength of the Australian economy and for the health of its citizens. A variety of factors, however, may have caused inadequate attention to focus on systematically promoting domestic generic and small biotechnology manufacturers in Australian health policy.

Despite recent clarifications of 'springboarding' capacity in intellectual property legislation, federal government requirements for specific generic price reductions on market entry and the potential erosion of reference pricing through new F1 and F2 categories for the purposes of Pharmaceutical Benefits Scheme (PBS) assessments, do not appear to be coherently designed to sustainably position this industry sector in 'biologics,' nanotherapeutics and pharmacogenetics.

There also appears to have been little attention paid in this context to policies fostering industry sustainability and public affordability (as encouraged by the National Medicines Policy). One notable example includes that failure to consider facilitating mutual exchanges on regulatory assessment of health technology safety and cost-effectiveness (including reference pricing) in the context of ongoing free trade negotiations between Australia and China (the latter soon to possess the world's largest generic pharmaceutical manufacturing capacity). The importance of a thriving Australian domestic generic pharmaceutical and bio/nano tech industry in terms of biosecurity, similarly appears to have been given insufficient policy attention.

Reasons for such policy oversights may relate to increasing interrelationships between generic and 'brand-name' manufacturers and the scale of investment required for the Australian generics and bio/nano technology sector to be a significant driver of local production. It might also result from singularly effective lobbying pressure exerted by Medicines Australia, the 'brand-name' pharmaceutical industry association, utilising controversial interpretations of reward of pharmaceutical 'innovation' provisions in the Australia-US Free Trade Agreement (AUSFTA) through the policy-development mechanisms of the AUSFTA Medicines Working Group and most recently an Innovative Medicines Working Group with the Department of Health and Ageing. This paper critically analyses such arguments in the context of emerging challenges for sustainable industrial renewal in Australia's bio/nanopharma sector.

When evaluating the success of environmental conflict resolution (ECR), the use of traditional measures of success, such as agreement counting and participant satisfaction surveys provide an incomplete picture. This article proposes two measures to evaluate ECR in terms of both process and outcome: Is the process transformative of the participants? Is the process designed to be attentive to environmental outcomes?

The question of the management of native forests on privately held land is a neglected aspect of off-reserve biodiversity conservation. Research was conducted into the administration of environmental laws applying to private native forestry (PNF) in NSW between 1997-2002 to discern the extent of regulated and unregulated activity. Research also aimed to investigate broad patterns of administrative behavior in implementing relevant legislation. The implementation of the Native Vegetation Conservation Act 1997 and the Threatened Species Conservation Act 1995 in relation to PNF were examined in particular. Failures of the legislative framework were revealed. The applicable law was found to be complex, and highly fragmented, with responsibility spread across many agencies. Some regulatory failures also stemmed from inadequate implementation of the legislation. It was found that PNF was infrequently regulated under the Native Vegetation Conservation Act 1997, primarily due to a problematic exemption for PNF. It was infrequently regulated by local government under Local Environment Plans. The safety net mechanism of licensing under the Threatened Species Conservation Act 1995 not often applied. These findings suggest a failure of the law to ensure ecologically sustainable forest management in NSW private forests. While the results suggest regulatory failure, they do not constitute grounds for wholesale replacement of regulation with self-regulation and other instruments.